The General Equal Treatment Act (AGG) prohibits discrimination at work because of

• race,
• ethnicity,
• gender,
• religion or belief,
• disability, age or
• sexual identity.

These are called ‘protected characteristics’.

The General Equal Treatment Act (AGG) protects the following groups from discrimination at work:

•  job applicants,
• employees,
• trainees,
• interns
• and civil servants.

Not included in this protection are volunteers, for instance.

The AGG protects people from discrimination for the duration of the working relationship. That means, its protection from discrimination applies during

• the application process,
• the working relationship and
• when ending the working relationship (e.g. when terminating the contract or at the end of fixed-term employment).

Employers may not reject applicants because of

•  race,
• ethnicity,
• gender,
• religion or belief,
• disability,
• age or
• sexual identity.

Discrimination because of these protected characteristics is prohibited by the General Equal Treatment Act (AGG).

Those affected must lay out how specifically they were rejected on account of one of the protected characteristics. This means that applicants who were rejected must present so-called circumstantial evidence that allows the conclusion to be drawn that an incident of discrimination has taken place.

The mere fact that you were rejected for a position despite being well-suited for it has been shown not to hold up in court. If a person was not invited to an interview despite fulfilling all the requirements, this does not constitute sufficient indication of having been disadvantaged (cf. the Federal Labour Court ruling of 20 May 2010, case number 8 AZR 287/08).

Should no additional indications emerge that the rejection was based on a protected characteristic, a course of legal action under the AGG holds little promise.

No, employers do not need to justify a rejection. It is sufficient to disclose that they decided to go with a different applicant. Nor do applicants have a right to find out what qualifications their competitors possess. This was decided by the European Court of Justice (cf. (European Court of Justice, judgment of 21 July 2011, case C 104/10).

However, the Social Code (section 164 (1) of Social Code Book IX) stipulates one exception: Rejecting an applicant with a severe disability. If the company has a representative for employees with severe disabilities, then this representative must be involved when people with severe disabilities apply. Where a representative for employees with severe disabilities does not agree with an employer’s rejection of a candidate, the employer must discuss their reasons with the representative. This also involves hearing out the applicant. Finally, the employer as well as the representative for employees with severe disabilities must both inform the applicant in writing of their decision and their reasons for doing so. However: All of this only applies to companies that do not meet the employment quota for people with severe disabilities.

You suspect you may have been rejected on account of your age or religion, for example? Then, in the first step, you must list specific reasons saying why: You need to present so-called circumstantial evidence indicating that an incidence of discrimination has occurred.

There must therefore be indications that you were rejected specifically on account of a protected characteristic, for instance your age or religion, and not for any other reasons. If such proof can be furnished, then the employer must demonstrate in court that discrimination did not in fact take place.

The following may be indicative of an act of discrimination:

• False, changing or contradictory reasons are stated for the rejection. This may, for instance, be the case if a rejection is justified with the position already having been filled, even though it is still or once again being advertised.
• If questions were asked during the interview pertaining to a protected characteristic, such as whether you were pregnant or whether you intended to have children soon.
• If the job description already contained details concerning protected characteristics, e.g. “We seek a young and attractive woman to work at our reception”.

Note: Even if you do present inherently suitable circumstantial evidence, the employer may refute it. In this case, the employer must provide an explanation that is able to persuade the court that there were other non-discriminatory reasons for this rejection (e.g. professional experience or other job requirements).

From previous decisions of the Federal Labour Court, we know that the following indications would not be considered sufficient circumstantial evidence:

• You have received an unjustified or too-general rejection and you possess a characteristic for which you could be discriminated against.
• You were rejected despite being well-suited to a particular position.
• You were not invited for an interview, despite fulfilling all the requirements.

If there are no further indications that you were rejected on account of a protected characteristic, taking the matter to court will unfortunately not hold much promise.

Click here for more information on discrimination while looking for a job:

• „Fair in den Job! Leitfaden für diskriminierungsfreie Einstellungsverfahren“ ( 2019) (Fair job offers) guidelines Guidelines for non-discriminatory hiring practices” - only in German
• „Was Arbeitgeber fragen (dürfen)“ (2018) (What employers are allowed to ask) study - only in German
• „Diskriminierung in Stellenanzeigen“ (2018) (Discrimination in job advertisements) study - only in German

You suspect your application was rejected on account of a severe disability? Then, as a first step, you must list concrete reasons as to why: You need to present so-called circumstantial evidence indicating that an incidence of discrimination has occurred.

There must be verifiable indication(s) that you were rejected on account of a severe disability and not for any other reasons. If such proof can be furnished, then the employer must demonstrate in court that discrimination did not in fact take place.

Note: Even if you do present inherently suitable circumstantial evidence, the employer may refute it. In this case, the employer must provide an explanation that is able to persuade the court that there were other non-discriminatory reasons for this rejection (e.g. professional experience or other job requirements).

Did you apply for a position at a public authority and were rejected despite possessing a severe disability?

If employers do not adhere to their advancement obligations as laid down in Social Code Book IX (SGB IX), this constitutes circumstantial evidence of discrimination. These advancement obligations include public authorities being required to invite severely disabled applicants to the interview. The sole exception is if the application clearly shows: This person is wholly and obviously unsuited to the position.

“Public employers” that must invite eligible severely disabled applicants are:

•  Institutions at federal, Land or municipal level as well as
• Other local authorities, associations of local authorities as well as public-sector bodies, establishments or foundations.

Public employers do not include:

• Public sector businesses, e.g. organised in the legal form of a limited company (GmbH) or public corporation (AG).
• All private-sector employers.

If you do not get a job on account of a protected characteristic, according to the AGG you are entitled to compensation and damages.

The simplest solution: Internal AGG complaints body

To avoid the situation escalating into legal proceedings, you should first attempt to solve the situation within the company. Every company has to set up a so-called AGG complaints body. These bodies can also be contacted by applicants who feel they have been discriminated against. If no such complaints body exists, then you can also direct your complaint to the HR department or directly to management. The employer must investigate your complaint and share with you the result. Ideally, a solution can thereby be found for your specific situation. If you wish to contact the AGG complaints body, to help you with the formulation you can use the following template “complaint under section 13 of the AGG”.

When to act if you wish to sue

If you wish to sue against a discriminatory rejection, you must first inform the employer in writing of your claims within two months of the rejection. To help you with the formulation, you can use our template  „Abhilfe und außergerichtliche Geltendmachung von Schadensersatz- und Entschädigungsansprüchen gegenüber Arbeitgebenden nach § 15 Abs. 4 AGG“ (Redress and out-of-court assertion of claims for damages and compensation vis-a-vis the employer pursuant to section 15 (4) of the AGG).

Subsequently, you have another three months to file a suit with the local labour court.

What you need to prove in court

To sue against a discriminatory rejection in court, you must collect so-called circumstantial evidence. Extensive information can be found in the answers to the questions “2.3 How do I prove that a rejection is discriminatory?” and “2.4. I have a severe disability. How do I prove that a rejection is discriminatory?”.

What you can attain in court

Should you sue against a discriminatory rejection and win the case, you will receive a financial settlement (damages and compensation). But you cannot sue a company into hiring you.

Do I need a lawyer if I wish to sue?

Lawyers specialising in labour law can help gauge a lawsuit’s likelihood of success. To pay for their consultation, people with low income and little in savings can apply for a so-called financial aid permit at the competent Local Court. You can find more information in the Federal Ministry of Justice’s flier on „Beratungshilfe und Prozesskostenhilfe“ (Legal advice and legal aid).

Even without a lawyer, it is relatively simple to submit a complaint concerning discrimination at the workplace. Here, the legal application office (Rechtsantragstelle) at your local labour court will support you free of charge. Additionally, your cost risk is low, since you will not need to pay the legal fees of the opposing party should you lose the case.

At the workplace people may not be discriminated against on account of

• race,
• ethnicity,
• gender,
• religion or belief,
• a disability,
• age or
• sexual identity.

The General Equal Treatment Act (AGG) prohibits discrimination on account of these protected characteristics – in all areas of working life, for instance with regard to payment, promotions or working hour models.

The AGG does not protect against bullying. However, the law prohibits harassment of others on account of the protected characteristics. "Harassment” refers to any unwanted behaviour that violates the dignity of the person concerned or creates an environment characterised by intimidation, hostility, humiliation, degradation or insults.

Bullying may constitute harassment under the AGG if it takes place in connection with one of the protected characteristics, for instance, if an employee is bullied because she is lesbian or has a migrant background.

According to the Federal Labour Court decision, it is deemed harassment when:

• It is not a one-time event, but ongoing behaviour that creates a hostile environment;
• It concerns a systematic violation that consists of many individual acts or behaviours, where when viewed in isolation the respective acts or behaviours could also be regarded as harmless (cf. Federal Labour Court decision of 24/10/2007, 8 AZR 593/06).

If you are getting bullied on account of a characteristic that is not protected under the AGG, you cannot take legal action based on its protection from discrimination. But there may be other possibilities. We recommend that you contact a consultation centre or join a self-help group. Suitable points of contact can be found here.

It is forbidden to pay someone performing the same or equivalent work as other colleagues less than those colleagues on account of gender. This follows from the AGG, the Transparency in Wage Structures Act (Entgelttransparenzgesetz) as well as from European legislation. If you are paid a lower salary solely on account of your gender, you are entitled to a backdated pay increase as well as a salary adjustment to a level that is no longer discriminatory.

Employers must be able to justify in an objective and gender-neutral way when they pay employees performing the same or equivalent work differently. One reason might be, for example, if they possess different qualifications. Just recently, the Federal Labour Court declared that a male colleague’s “good negotiating skills” was not an acceptable reason for paying a female employee a lesser amount (cf. Federal Labour Court, decision of 16/02/2023, 8 AZR 450/21).

In order to prove that you are being paid less on account of your gender, you only need to demonstrate that you receive a lower salary than one or more colleagues of a different gender for doing the same work. If you can demonstrate such proof, the employer must show that there is a non-discriminatory explanation for this inequality in pay (cf. Federal Labour Court, decision of 21/01/2021, case number 8 AZR 488/19).

For more information on this topic, see our FAQ on “Equal treatment of the genders in working life”.

The AGG expressly prohibits any form of sexual harassment in working life. Sexual harassment refers to any type of unwanted sexual conduct with the purpose or effect of violating the dignity of the person concerned. This includes, among other things:

• Any unwanted sexual acts or requests to carry out sexual acts,
• physical contact of a sexual nature,
• comments of a sexual nature,
• unwanted showing or putting up of pornographic images,
• verbal sexualised comments and other types of conduct, if they are unwanted and have the purpose or effect of violating the dignity of the person concerned, e.g. suggestive remarks, jokes or questions regarding sex life, appearance or gender.

The AGG protects against sexual harassment if there is “sufficient connection to an employment relationship”, in other words:

• The harassment took place at the workplace itself or
• The harassment took place at a location or during an occasion with some relation to work, e.g.for example a business trip or work-related party.

Note: If you happen to meet a private acquaintance at work, then the AGG does not apply.

What must the employer do?

The employer is obliged to

• protect all employees from sexual harassment by applying the measures required to do so;
• in case of sexual harassment by employees, take appropriate, necessary and commensurate precautions to discourage such behaviour, e.g. by warning, relocating, transferring or dismissing the individual.

Which specific measure the employer has to take is not prescribed. The persons affected may not demand a specific measure. The key premise being that the measure puts a stop to the harassment.

Additional information can be found in our guidelines “Was tun bei sexueller Belästigung am Arbeitsplatz” (What to do in the event of sexual harassment at the workplace).

As a rule, religious symbols cannot be prohibited from the workplace – irrespective of whether this be a cross, headscarf or a kippah.

A ban may however be permissible under certain circumstances. The European Court of Justice has handed down a number of judgments on this matter. Companies may prohibit the wearing of religious symbols under the following circumstances:

• If the company can demonstrate that it would be disadvantaged if it did not project a neutral image in public;
• If this ban applies to all visible expressions of political, ideological or religious conviction;

If the ban only applies to employees with direct contact to customers or who represent the company towards outsiders; or

• If it concerns a state employer for whom special rules apply.

Further information on this topic can be found in the FAQ “Headscarves at the workplace".

If you have children or relatives in your care, the AGG will not provide you with special protection from discrimination. In certain cases, women can argue that they should not be discriminated against on account of their gender, men in individual cases also. In other instances, the so-called prohibition of victimisation

We have collated further information on the following page „Diskriminierung von Eltern und pflegenden Angehörigen im Beruf“ (Discrimination of parents and caregiving relatives in the worklife).

As an employee with a severe disability, the AGG protects you from discrimination. It also constitutes discrimination when an employer refuses to accommodate your disability by adapting the workplace and the way your work is organised (c.f. Federal Labour Court, decision of 19/12/2013, 6 AZR 190/12).

Additionally, the provisions in the Social Code (section 164 (4) of Social Code Book IX) obligate the employer to remove obstacles that exist for disabled employees. Severely disabled people are entitled to an occupation in which they can apply and hone their skills and knowledge. That is why the employer must carefully check the employment possibilities. The employer must furnish the workplace to be accommodating – this applies to the working environment, the way the work is organised and the working times.

However, a disadvantage could be justified if the occupational requirements make it necessary. The employer can specify what requirements apply for a particular workplace in order for the tasks to be completed properly. Furthermore, the employer has an inherent right of instruction vis-a-vis all employees. The employer can therefore demand that you adhere to the necessary professional requirements. And an employee with a disability is not entitled to a particular workplace just because they personally prefer it.

Further information on this topic can be found in the FAQ on “Disability and chronic disease”.

The AGG obliges employers to protect employees from discrimination.

If you are being discriminated against by other employees, then the employer must take appropriate, necessary and commensurate precautions to put a stop to such behaviour. This includes warning, relocating, transferring or dismissing individuals.

It also applies if such discrimination is carried out by non-employee third parties, for instance by customers. However, since the employer cannot issue warnings to or dismiss third parties, the employer must make efforts within their capabilities to appeal to these, for instance through dialogue.

Which specific measures the employer must take in order to halt such discrimination is not prescribed. The persons affected cannot demand a specific measure. The key premise being that the harassment is halted by these measures.

If the employer does not take any measures or if the harassment stems directly from the employer or their representatives (e.g. management), then you can claim damages and compensation. Additional information can be found in the answer to the question 3.9 “How can I protect myself against discrimination at the workplace?”.

You can find further information on how employers must protect their employees against discrimination in our FAQ on “Employer’s duties”.

The simplest solution: Internal AGG complaints body

Every company has to set up a so-called AGG complaints body. You can also contact this body if you feel discriminated against – even if you are unsure of whether it constitutes an act of discrimination for which you can take legal action under the AGG. If no such complaints body exists, then you can also direct your complaint to the HR department or directly to management. The employer must investigate your complaint and share with you the result. Ideally, a solution adapted to that specific situation can then be developed. If you wish to contact the AGG complaints body, you can use the following template “Complaint under section 13 of the AGG” to help you with its formulation.

When to act if you wish to sue

If you wish to take legal action against discrimination at work, you must inform the employer of this in writing within two months of the incident. If this discrimination represents a permanent state of affairs, this 2-month period commences with the most recent incident. To help assert your claims, you can use our formulation template “Redress and out-of-court assertion of claims for damages and compensation vis-a-vis the employer under section 15 (4) of the AGG”.

Subsequently, you have another three months to file a suit with the local labour court.

What you need to prove in court

As a rule, you should document all facts that indicate discrimination has taken place in as much detail as possible, since you must collect so-called circumstantial evidence to sue against discrimination at the workplace. These would be indications that you were discriminated against at work on account of one of the protected characteristics. If such evidence can be furnished, then the employer must demonstrate in court that discrimination did not in fact take place.

Circumstantial evidence of discrimination might be: 

• Disparaging remarks from a superior relating to one or several protected characteristics, in other words your age, background, religion, gender, disability or sexuality.
• A close temporal connection between the incident of discrimination and the point when you informed the employer of the characteristic, e.g. your pregnancy or sexual identity.

Note: What will suffice as circumstantial evidence of discrimination in the individual case can only be decided by the competent court.

What you can attain in court

Should you sue against discrimination at the workplace and win the case, you will receive a financial settlement (damages and compensation).

Do I need a lawyer if I wish to sue?

Lawyers specialising in labour law can help gauge a lawsuit’s likelihood of success. To pay for their consultation, people with low income and little in savings can apply for a so-called financial aid permit at the competent Local Court. You can find more information in the Federal Ministry of Justice’s flier on “Beratungshilfe und Prozesskostenhilfe” (Legal advice and aid).

Even without a lawyer, it is relatively simple to submit a complaint concerning discrimination at the workplace. Here, the legal application office (Rechtsantragstelle) at your local labour court will support you free of charge. Additionally, your cost risk is low, since you will not need to pay the legal fees of the opposing party should you lose the case.

Dismissals violate the AGG and are ineffective if they were declared on account of race, ethnicity, gender, religion or belief, disability, age or sexual identity.

This may be particularly relevant if the dismissal occurred during the probationary period or in small businesses (ten or fewer employees). Since, in these cases, the general protection against dismissal within the Act on the Protection against Dismissal (KSchG) does not apply. You can only take legal action against a dismissal if it violates the AGG.

The dismissal protection suit: How to get the dismissal to be declared ineffective

To get a dismissal to be declared ineffective, you must file a dismissal protection suit at your local labour court. It is important that this suit is filed within three weeks of receipt of the written letter of dismissal. Should this period elapse, then the dismissal is deemed to be ineffective and can no longer be challenged.

The dismissal protection suit may also contain claims asserted under the AGG: If the employer discriminated against you through this dismissal, you are also entitled to compensation and damages.

How to sue for compensation and damages in case of discrimination

Even after the three-week-period to file a dismissal protection suit has elapsed, you can still sue for compensation and damages on account of discrimination. First, these claims must be asserted in writing to the employer within two months of becoming aware of the discrimination – usually upon receipt of the letter of dismissal. To help assert your claims, you can use our formulation template “Redress and out-of-court assertion of claims for damages and compensation vis-a-vis the employer under section 15 (4) of the AGG”.

Subsequently, you have another three months to file a suit with the local labour court.

What you need to prove in court

As a rule, you should document all facts that indicate discrimination has taken place in as much detail as possible. Since you must collect so-called circumstantial evidence to sue against a discriminatory dismissal in court. These are indications that you were dismissed on account of one of the protected characteristics. If such evidence can be furnished, then the employer must demonstrate in court that discrimination did not in fact take place.

Circumstantial evidence of discrimination might be:

• Disparaging remarks from a superior relating to one or several protected characteristics, in other words your age, background, religion, gender, disability or sexuality.
• A close temporal connection between the termination and the point in time when you informed the employer of the characteristic, e.g. your pregnancy or sexual identity.

Note: What will suffice as circumstantial evidence of discrimination in the individual case can only be decided by the competent court.

What you can attain in court

Should you sue against discrimination at the workplace and win the case, you will receive a financial settlement (damages and compensation).

Do I need a lawyer if I wish to sue?

Lawyers specialising in labour law can help gauge a lawsuit’s likelihood of success. To pay for their consultation, people with low income and little in savings can apply for a so-called financial aid permit at the competent Local Court. You can find more information in the Federal Ministry of Justice’s flier on “Beratungshilfe und Prozesskostenhilfe” (Legal advice and aid).

Even without a lawyer, it is relatively simple to submit a complaint concerning discrimination at the workplace. Here, the legal application office (Rechtsantragstelle) at your local labour court will support you free of charge. Additionally, your cost risk is low, since you will not need to pay the legal fees of the opposing party should you lose the case.

If an employment contract is not extended on account of race, ethnicity, gender, religion or belief, disability, age or sexual identity, this violates the AGG. In this case, you are entitled to compensation and damages.

Extrajudicial settlement – The AGG complaints body

Every company has to set up a so-called AGG complaints body. You can also contact this body if you feel discriminated against – even if you are unsure of whether it constitutes an act of discrimination for which you can take legal action under the AGG. If no such complaints body exists, then you can also direct your complaint to the HR department or directly to management. The employer must investigate your complaint and share with you the result. Ideally, a solution adapted to that specific situation can then be developed. If you wish to contact the AGG complaints body, you can use the following template “Complaint under section 13 of the AGG” to help you with its formulation.

When to act if you wish to sue

If you wish to take legal action against discrimination at work, you must first inform the employer of this in writing within two months of becoming aware of the discrimination – usually upon receipt of the information that the contract will not be extended. To help assert your claims, you can use our formulation template “Redress and out-of-court assertion of claims for damages and compensation vis-a-vis the employer under section 15 (4) of the AGG”.

Subsequently, you have another three months to file a suit with the local labour court.

What you need to prove in court

As a rule, you should document all facts that indicate discrimination has taken place in as much detail as possible. To sue against discrimination on account of not having your employment contract extended, you must collect so-called circumstantial evidence. The circumstantial evidence must be indications that your contract was not extended on account of one or several protected characteristics. If such evidence can be furnished, then the employer must demonstrate in court that discrimination did not in fact take place.

Circumstantial evidence of discrimination might be:

• Disparaging remarks from a superior relating to one or several protected characteristics, in other words your age, background, religion, gender, disability or sexuality.
• A close temporal connection between the end of your contract and the point in time when you informed the employer of a characteristic, e.g. your pregnancy or sexual identity.

Note: What will suffice as circumstantial evidence of discrimination in the individual case can only be decided by the competent court.

What you can attain in court

Should you sue against discrimination at the workplace and win the case, you will receive a financial settlement (damages and compensation). However, you cannot file a suit to have your contract extended.

Do I need a lawyer if I wish to sue?

Lawyers specialising in labour law can help gauge a lawsuit’s likelihood of success. To pay for their consultation, people with low income and little in savings can apply for a so-called financial aid permit at the competent Local Court. You can find more information in the Federal Ministry of Justice’s flier on “Beratungshilfe und Prozesskostenhilfe” (Legal advice and aid).

Even without a lawyer, it is relatively simple to submit a complaint concerning discrimination at the workplace. Here, the legal application office (Rechtsantragstelle) at your local labour court will support you free of charge. Additionally, your cost risk is low, since you will not need to pay the legal fees of the opposing party should you lose the case.